§ 59.900. Vested Rights and Takings Claims.

Nothing in this Ordinance shall be construed or applied to constitute a temporary or permanent taking of private property without just compensation (hereinafter "taking") or the abrogation of vested rights.

Vested Rights. It shall be the duty and responsibility of the party alleging vested rights to affirmatively demonstrate the legal requisites of a claim of vested rights. Rights shall vest upon a determination by the City Council that the applicant:

1)

has relied in good faith and in reasonable reliance;

2)

upon some clear and unequivocal act or promise by the City; and

3)

has made such a substantial change in position and incurred such extensive obligations that it would be highly inequitable or unjust to destroy the rights he has acquired.

Takings. This Chapter is not intended to apply to claims of takings without just compensation arising from the Growth Management Plan or the regulations contained in other Chapters of this Code. This Part shall apply only where a property owner bases a taking claim in part or completely on facts related to the criteria, the concurrency encumbrance process, or the capacity reservation process or other applications or procedures set forth in this Chapter. In such event, it shall be the duty and responsibility of the party alleging a taking to demonstrate the legal requisites of a taking.

(Ord. of 9-16-1991, Doc. #25096; Ord. of 11-16-1992, Doc. #26149)